GENERAL TERMS OF SERVICE FOR BUSINESS CLIENTS
Who operates this website?
This website (including text, images, videos, software, products, services and other information contained in or presented on the website; all together the “Website”) is provided by GeoSplet d.o.o. (GeoSplet) which is organized and existing under the laws of Slovenia with principal offices in Maribor, Slovenia.
GeoSplet operates as an Online Service Provider (Service Provider) and is registered partner of all major Map operators in the field of digital map media (Publishers) and according to that agreement GeoSplet can submit Business location content for third parties (Clients) to to various contractual Publisher’s databases.
GeoSplet´s online directory named GPS LISTINGS (Service platform) is a self-service location management platform with integrations built into global map systems, so a business location content can be added, updated and distributed to Publisher’s databases.
GPS Listings is in fully operated and owned by GeoSplet.
The scope of the general terms & conditions and the parties of the contract
GeoSplet Terms & Conditions relate to the services provided by GeoSplet to the Client in relation to business location content (the “Terms & Conditions”). They outline what is expected from Client and from Service Provider to meet both satisfaction. They apply to any use of the GPS Listings Platform.
These General Terms & Conditions apply to the entire contractual relationship between Service Provider and Client. They exclude any of the Client’s terms of business.
Contents of the GPS Listings´s service
Object of the contract between Service Provider and Client is publishing and maintenance of Client’s business location content in the Service platform owned by Services Provider and submission of these data to Publisher’s databases.
Once the contract has been conducted, the Service Provider will give the Client access to his Service database, where the Client can provide location content to Service Provider. Once he enters his location content and approves it, Service Provider submits the location content to the Publisher’s databases. Client’s location content is delivered in electronic form to the Publishers.
The business location content must be provided to Service Provider in accordance with the guidelines and requirements as described in the Service Platform. Service Provider will be entitled to refuse certain data from further processing if the data do not comply with the requirements included in Service Platform.
It is Client’s own responsibility to regularly check Service database for any changes made and the use of this platform by the Client will be for its own risk and account.
The content that Service Provider has indicated to process, including all intellectual property rights related thereto, will hereinafter be defined as the “Business Location Content” and will be considered as the Business Location Content “under management” by Service Provider.
The Business Location Content will remain “under management” by Service Provider for the period selected by Client with a minimum of 12 months.
In the process of submitting Client´s location data to Publishers, Service Provider normalizes, validates, enriches, refines and verifies all attributes of the original data. Besides geolocation accuracy checks will be performed to submit the highest level of content quality.
Client can use his user ID to update his location data as stored in the Service database of the GPS Listings Platform at any time. The Service Provider delivers the updated and modified Client information to the Publishers on a monthly basis. The Service Provider also reminds the Client every six months to check and update his possibly modified location data in the Service Platfrom.
Publishers who receive location data at any given time can be found at www.gpslistings.com.
Service provider currently distributes data to the following Publishers: TomTom, Here, Google, Foursquare, Navmii, Waze, Uber, Bing* (only in Bing selected countries) or any other database agreed between Service provider and Client in special agreement.
Publishers, that receive Client´s Business Location Content, might change during the time of contract. Service Provider has the right to add any new Publishers to the contract and remove them from his offer, without further notice. If Service Provider makes amendments, they apply as of the date of their publication on the website.
Publishers update and maintain their databases and its content by themselves, so the Service Provider has no effect on the schedule for publishing the Client’s location data in the databases and maps managed by the Publishers.
Publishers independently decide about the use of the information controlled by them. Information about the use of the Publishers’s data can be found on their websites. Client can independently familiarize himself with the Publishers’s conditions regarding the use of Business location content.
Client acknowledges and agrees, however, that Service Provider cannot guarantee that all the submitted Business Location Content will be displayed or published by the selected Publishers as this is at the Publisher’s sole discretion and that all indicated timeframes for publication will be met for numerous factors beyond Service Provider’s control. The Customer can therefore never hold Service Provider liable for any of its Business Location Content not published by selected Publishers or for publication not within the timeframes as indicated in Service Platform.
Start of the contract
The contract is initiated when the Client orders the Service from the Service Provider through website/email or the Client accepts an oral/written offer made by the Service Provider and carries out a proforma invoice payment. Service Provider then sends an order confirmation or invoice directly to the Client.
The Client accepts the conditions of the Service by placing the order or through payment of the invoice.
Restriction and removal of the use of Client location data
On Client’s request, the Service Provider removes Client’s Business Location Content from the Service platform. Updated and changed location data is no longer delivered to the Publishers.
The Service Provider has the right to restrict or entirely remove all Client´s information from the Service platform that does not comply with current legislation or good practice.
The Client acknowledges and agrees that once the Business Location Content has been submitted to a Publishers, it will be out of Service Provider´s control. This means that as of that moment, Service Provider cannot procure or ensure the deletion or removal of the Business Location Content from any services, systems or devices under the control and operated by such Publishers or its customers or other third parties, nor can it procure or ensure non-modification or non-use of the Business Location Content by such Publishers, its customers or other third parties.
Responsibilities of Contract Parties
Client agrees to pay an annual fee for the Service in accordance with the current pricelist of the Service Provider, or a fee that contractual parties agreed upon with the conclusion of the Contract (“Service fee”). The Service fee is invoiced at the start of the invoicing period and it consists of one year. The invoice is issued on the last day of the month in which Client’s Business Location Content was submitted to the Service platform. If the Service fee payment is overdue, the Client is charged with penalty interest as defined in current legislation.
Service Provider is not responsible for the accuracy, completeness, reliability or suitability of the Client´s information. It is the responsibility of the Client to inform the Service Provider with up-to-date information. The Service Provider is not liable for wrong information or damage caused by incorrect information, provided by the Client.
The Service Provider is entitled to terminate the contract or interrupt the offering of the Service if necessary due to Service maintenance and updating work.
Use of Client Information
The Service Provider uses Client’s information for execution and delivery of the Service. Client’s personal data is handled and secured in accordance with the current data protection legislation.
Validity Period and Termination of Contract
The contract is valid for a period of 12 months, with a possibility for renewal.
After one year time period the Service provider contacts the Client and sends him a renewal offer.
In case of termination of the Contract, the Service Provider removes the Client’s information from the Service database and no longer confirms or updates Client´s location data to the Publishers.
Changes in Service
The Service Provider has the right to change the Service or its content for development or expansion purposes. The changes in Service are notified on the Service Provider´s website www.gpslistings.com
Availability and warranty
Service Provider can redesign the Service Platform at any time at its discretion. It may change, add or remove information on the Website and its structure and functions at any time at its sole discretion. However, this changes will not influence existing agreements not the execution of them.
Service Provider takes no responsibility for the realization of publishing Client´s content, as Publishers have different time frames for publishing new or updated information.
Service Provider is not responsible for any damage, loss, claims or expenses of any kind, derived from the use of the website, viruses, operating failures, outages or transmission failures when using the web or other conditions beyond their control.
Validity Period of Contract Terms
These Terms & Conditions are effective until further notice. Service Provider reserves the right to change this Terms & Conditions at any time, with immediate effect and without stating the reason in order to improve the services offered to the Client. If Service Provider makes amendments, they apply as of the date of their publication on the website. Clients will not be directly informed of such changes. It is expected that Clients regularly refer to this section to make sure they are familiar with any changes in Terms & Conditions. If Clients continue to use Service Platform after the changes in Terms & Conditions, they automatically agree to have accepted the new Terms & Conditions and can be bound by these terms.
Applicable law and jurisdiction
These Terms & Conditions are governed by and construed in accordance with the Laws of Slovenian jurisdiction.